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Name: People v. Anderson
Case #: C073576
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/12/2014
Subsequent History: 11/25/2014: CSC den. rev. and depublished
Summary

Inmate appealing a Three Strikes Reform Act (Prop. 36) resentencing denial is not entitled to Wende review. In 1999, Anderson was convicted of petty theft with a prior and sentenced to 25 years to life under the Three Strikes law because he had prior strikes. In 2012, Anderson filed a petition for resentencing under the Act, but the trial court denied it, finding that Anderson was ineligible because his prior strike convictions were for rape and oral copulation. (Pen. Code, § 1170.126, subd. (e)(3).) Anderson appealed and appointed counsel filed a Wende brief. Held: Appeal dismissed without Wende review. An Anders/Wende review is only required for a criminal defendant’s first appeal as of right where he has a constitutional right to appointed counsel. The procedures mandated by Anders are prophylactic and depend on an indigent criminal defendant’s constitutional right to the assistance of appellate counsel. Because defendants have no constitutional right to appointed counsel during postconviction proceedings, like Three Strikes Reform Act resentencing appeals, they have no right to Anders/Wende review. The court also concluded that Anders/Wende review of Three Strikes resentencing appeals is not necessary under the Fourteenth Amendment’s due process clause to achieve fundamental fairness because none of the factors (private interest at stake, state’s interest, or risk of an erroneous deprivation) weigh in favor of Anders/Wende review. But even though an appellate court will not conduct an Anders/Wende review, counsel should still (1) inform the court that he or she has found no arguable issues, and (2) file a brief setting out the applicable facts and the law. [Editor’s Note: Counsel intends to file a petition for review in this case.]